Now daughter in law wish to sell this property with assurance that she will bear all cost/penalties towards registering that has not been done earlier in the first sell. Daughter-in-law says, developers is ready to transfer this property to their name with applicable penalties on stamp duty & registration for old unregistered documents. Is there any penalty for stamp duty & registration for old unregistered documents.
Just because she could manage to transfer the shares of the property in the society on her name, the daughter in law cannot claim the title to the property because the agreement in her name by her mother in law was not a registered document.
What about the legal heirs of the deceased mother in law?
What will you do if the other legal heirs of the deceased appear now and claim their respective share in the property.
The court in a partition suit shall declare the sale deed on your name as invalid and not binding on other legal heirs because the daughter in law has no rights as a legal heir to the deceased when her husband, i.e., the son of the deceased mother in law is alive. At that time will you run behind the vendor and court leaving all your work?
Nature of mortgagors right title and how it is derived:-
-the said property is free-hold and by the way declaration dated 13.06.1995 the mortgagor has got the title
to the said flat (this declaration is the only documents that is registered).
What is the basis of this declaration by the vendor declaring herself to be the successor in interest to the deceased property owner, what about other legal heirs/successors in interest?
The contents of the legal opinion are of standard format and routine in nature.
The lawyer who has rendered this opinion did not go into the aspects of succession by any other legal heirs.
But you cannot commit the same mistake.